Legal Opinion

McArdle v. West Philadelphia Title & Trust Co.

Superior Court of Pennsylvania

Decided May 17, 1898No. Appeals, No. 70 and 80Published

Appeals, No. 70 and 80, Oct. T., 1897, by plaintiffs, from orders of C. P. Nos. 2 and 4, Phila. Co., March T., 1897, Nos. 722 and 936 refusing judgment for want of a sufficient affidavit of defense. Actions of assumpsit. Before C. P. Nos. 2 and 4, Phila. county. These cases were argued together.

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Appeals, No. 70 and 80, Oct. T., 1897, by plaintiffs, from orders of C. P. Nos. 2 and 4, Phila. Co., March T., 1897, Nos. 722 and 936 refusing judgment for want of a sufficient affidavit of defense. Actions of assumpsit. Before C. P. Nos. 2 and 4, Phila. county. These cases were argued together. Plaintiffs claimed balances due for rents collected by George G. Erickson, conducting a real estate brokerage business under the name of J. M. Erickson & Co. The amount claimed by John McArdle was $482.16 with interest. The amount claimed by the Pennsylvania Company aggregated upwards of $400. It…

1Opinion of the Court

Opinion by

Wickham, J.,

John M. Erickson died on January 25, 1891, leaving to survive him a widow and one son, the latter being a little over six years of age. Prior to, and up to the time of his death, the decedent had conducted the business of a real estate broker by himself, but under the name of John M. Erickson & Co.

*332The second item of his last will and testament provides as follows: “ Item.- — -I give and bequeath unto my brother George G. Erickson the sum of Two thousand five hundred dollars and also a half interest in my real Estate Brokerage business he to take the office furniture and…

2Cases cited11 opinions

  1. Smith v. AyerSupreme Court of the United States · 1880
  2. Pitkin v. PitkinSupreme Court of Connecticut · 1829
  3. Stewart v. . RobinsonNew York Court of Appeals · 1889
  4. Bacon v. PomeroyMassachusetts Supreme Judicial Court · 1870
  5. Edwards v. TracySupreme Court of Pennsylvania · 1870

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